James Earl Ray loses bid for hearing

September 18, 1997
Web posted at: 2:31 p.m. EDT (1831 GMT)

NASHVILLE, Tennessee (CNN) -- James Earl Ray was dealt a
setback Thursday in his bid for a trial in the killing of
Martin Luther King Jr. A judge denied a motion from
attorneys who said Ray was improperly denied a trial for the
1968 Memphis killing.

The attorneys had sought a hearing on the issue. The request
was rejected by Criminal Court Judge Cheryl Blackburn who
said Ray's lawyers produced no evidence that his 1969 guilty
plea should be set aside.

Ray, who has never been put on trial, recanted 16 days after
his confession. At that time, he wrote to Judge W. Preston
Battle of Memphis asking for a trial.

Battle died of a heart attack five days later, before he
could rule on Ray's request.

Ray contends a state law in effect at the time of his plea
stipulates that a motion for a new trial must be granted
automatically if a judge dies before ruling on it.

Prosecutors said Ray gave up his right to appeal by pleading
guilty. And they said Battle's successor considered his
request and properly denied it.

Defense attorney Andrew Hall told CNN he will appeal
Thursday's decision, but added that it is unlikely that the
69-year-old Ray, who has a terminal liver disease, will
survive long enough for the decision to be overturned.